Whining burglar locked up after HE dialled 999 to complain he had been shot with air rifle after breaking into family home

A judge has backed a teenager for dispensing ‘summary justice’ by shooting a burglar with an air rifle.Gary Holmes, 19, said he fired twice in self-defence when intruder Lewis Patterson, 20, went for him with an iron bar.Lawyers agreed that Mr Holmes, who feared for the safety of his girlfriend and her two-month-old baby, had acted within the law to protect himself.Stunned: Gary Holmes, 19, shot metal bar-wielding burglar Lewis Patterson with his air rifle only for the criminal to call the police

Astonishingly, Patterson himself called the police to claim he was the victim.But he pleaded guilty at Hull Crown Court to burglary and was sent to a young offenders’ institution for 18 months.

Judge Michael Mettyear said: ‘This was quite outrageous conduct. It must have been very worrying and distressing for your victim. It’s true to say he got some summary justice but nevertheless it is something that will live with him for a very long time.’Mr Holmes, a factory worker, was at his mother’s house in Hull when he heard his dog barking at around 9.30pm last October.On his property: Mr Holmes spotted Patterson in his garden and the burglar later threw a brick at him

He looked out of his bedroom window and saw Patterson in the back garden.Mr Holmes said: ‘He was swaying like he was drunk. I knew something was going to happen. He was not normal.’Mr Holmes grabbed an air rifle he used for shooting rabbits on a farm and ran downstairs. ‘On the way I picked up three pellets and put two of them in the gun,’ he said.He found Patterson in his mother’s living room. He was attempting to steal his £1,250 motorcycle, which he stored there for safe-keeping.‘I told him to get out, not very politely,’ Mr Holmes said. ‘He just looked straight back at me. I put the rifle up to him and he stepped out on to the patio.‘I know a bit about firearms and the law, so I warned him. I showed him the rifle and he came back into the house again.‘That was when he raised the iron bar he was carrying. So I raised the gun back up. Then I shouted again: “Get out.” He just stared at me.‘He kept coming at me with the bar so I shot him. He then started to come towards me again and threw a brick at me. I shot him again. If I had let him hit me, I could have been in hospital or dead.’Mr Holmes added: ‘At the time I was in shock. Thinking back, it was just a reaction. I don’t just shoot people.’Patterson fled on a bicycle but then contacted police to report being shot.He claimed he was hit as he walked past the property, but was exposed as a liar. He was not seriously injured. Mr Holmes said he acted on instinct and didn’t have time to think about the consequences.He praised the police for how they handled the investigation, although he was initially concerned about being charged himself.‘I never expected to have to shoot a person,’ Mr Holmes said. ‘The first officers who came seemed quite surprised when I said I had shot him. I don’t think they knew what to think. They seemed a bit confused about who they were going to be charging, so they sent officers from CID to take a statement the next day.‘They said, because he had threatened me, that I should be fine.’

Local councillor Nadine Fudge said of Patterson: ‘Criminals know that they can get away with so much these days and that’s why he called the police.’Chief Superintendent Rick Proctor, Divisional Commander for Hull, said: ‘Common law states that anyone can use reasonable force to protect themselves or others, or to carry out an arrest or to prevent crime.‘We would always encourage the public to do what is reasonable to prevent and detect crime, but obviously not put themselves or others at serious risk of harm by doing so.’

[quote="nagarifle"...Local councillor Nadine Fudge said of Patterson: ‘Criminals know that they can get away with so much these days and that’s why he called the police.’Chief Superintendent Rick Proctor, Divisional Commander for Hull, said: ‘Common law states that anyone can use reasonable force to protect themselves or others, or to carry out an arrest or to prevent crime.‘We would always encourage the public to do what is reasonable to prevent and detect crime, but obviously not put themselves or others at serious risk of harm by doing so.’[/quote]

Its heartening to note that the law enforcers went to the extent of protecting the common man's interest / safety Quote: Mr Holmes said: ‘He was swaying like he was drunk. I knew something was going to happen. He was not normal.’Mr Holmes grabbed an air rifle he used for shooting rabbits on a farm and ran downstairs. ‘On the way I picked up three pellets and put two of them in the gun,’ he said.> Wonder what kind of an "Air Rifle" was that - That could be loaded with 2 pellets at a time?????Briha

brihacharan wrote:> Wonder what kind of an "Air Rifle" was that - That could be loaded with 2 pellets at a time?????Briha

Briha ji,

I have come across some CO2 air rifles at 'hobby and you' showroom in Delhi that has a magazine (round shape) that take in 10 pellets and it shoots like a semi automatic. It could probable have been similar to that.

Was in the UK, right? Then there was the farmer in, I think, Suffolk some years ago who had been burglarized multiple time and killed the burglar the third time with a legal shot gun. Last I heard, he is still in jail, and that was in the '90's. Probably that's why the criminal called the police, he had read of similar.

Any air rifle can be loaded 2 at a time if you load one and then another on top. Not what I would do, rather have velocity than weight of throw. I wonder where he hit the guy?

How does one load two pellets in any AR. May be possible to probably force the first one down the barrel and second one on top of it. But that would shoot out both the pellets together and not one after the other at an interval by choice. Kindly correct me if I am wrong.

A CO2 pistol wouldn't be too effective in even temporarily stopping an attack like that. The dramatics of a slide action CO2 may have more effect than the pellet itself as they are so low powered that they would not even penetrate the clothing of the attacker. A springer, even a 12fpe one, would cause a considerable amount of grief to the attacker

I am not too familiar with air guns. But I believe that the pellet seals action part for the pressure to build up to a certain level. When the pressure reached the desired level the pellet skirt will deform enough to leave the seat and fly out.If that is so then the pellet will leave the seat at some predesignated pressure weather that is achieved using a spring loaded piston or CO2 under pressure.Hence, the power and velocity should be about the same for the same pellet for both the guns??

Vikram wrote:Reporting error. That is most likely an Air Arms Pro Sport springer. Single shot only.He needs to get another dog.

Oh yes, the chappie in the photo is definitely holding a break barrel, single shot, air rifle.

You are right Vikram...if I was breaking in here, I would recommend, highly, a sturdy pair of 'galoshes' (spelled American - but as they are called in 'Inglind') the little dog seems to have pretty sharp teeth! Scary looking fellow too.

Vik wrote:Was in the UK, right? Then there was the farmer in, I think, Suffolk some years ago who had been burglarized multiple time and killed the burglar the third time with a legal shot gun. Last I heard, he is still in jail, and that was in the '90's. Probably that's why the criminal called the police, he had read of similar.

You will find all about the case on this link. Not as simple a case as it is made out to be.

I am not too familiar with air guns. But I believe that the pellet seals action part for the pressure to build up to a certain level. When the pressure reached the desired level the pellet skirt will deform enough to leave the seat and fly out.If that is so then the pellet will leave the seat at some predesignated pressure weather that is achieved using a spring loaded piston or CO2 under pressure.Hence, the power and velocity should be about the same for the same pellet for both the guns??

Atul

Hi Atul,Yes when the pressure is exerted, the pellet skirt expands enough to create a seal and fly out of the barrel. I dont think the pressure required only to expand the pellet skirt and make it fly out is too high.

I dont know the exact figures and pressure involved but i have seen my CO2 pistol shoot pellets at really low speeds when the gas is about to run out. So low that you can actually see the pellet fly and land a few meters away Hence i assume pressure to only expand the pellet is rather low. But to generate more speed at which the pellet flies, higher pressures and volume of air is required.

Besides the CO2 guns only generate something like 2 to 5 fpe even at full power.

Lot of debate around it and there s always more to go on. What if he did it the traditional way ; hit him in ' uncle ned' with the butt of the gun and get over with it. I say he would have scored more :p

Vikram wrote:The air rifle, if it is an AA Pro Sport, has a hidden underlever. Not a break barrel.

This is not a prosport as there is no loading port in the receiver, moreover the prosport barrel is baffled so the suppressor/silencer is used, dont think it has unf thread unlike TX 200 HC to accommodate suppressor/silencer. Moreover the stippling is not near to that of a pro. It might be bsa xl lightening, break barrel air riflehttp://www.pyramydair.com/s/m/BSA_GRT_L ... Rifle/3216Regards Moulindu